The Longmont Department of Public Safety admitted that the four tenants did not consent to the searches of their apartments and were not given the opportunity to refuse the searches.

"I did not have any opportunity to stop a police officer and K-9 from coming into my home and searching it," Suites resident Alice Boatner said in an ACLU news release confirming the settlement. "I felt violated, powerless and demeaned. Thanks to this agreement and Chief (Mike) Butler's actions, I can now begin to heal."

During a news conference Tuesday afternoon, Butler said personal apologies by city leaders were made to the four residents. He said he is planning on inviting the greater community to a forum to further the healing process.

"Because of the high-profile nature of this, there are potentially people in our community who wonder if they are subject to this as well, so we want to bring everybody together and potentially ease their fears," Butler said.

Rebecca Wallace, the ACLU attorney who was at the conference Tuesday, said it's rare for a police department to partner on a case with the legal entity.

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However, the ACLU has not had communication with the Longmont Housing Authority, an entity separate from the city that manages The Suites at 2000 Sunset Way and invited the police in response to complaints of drugs following an overdose death.

"Last week, we filed a notice of claim, which indicated our clients' legal claims," Wallace said. "That will likely be brought against the Longmont Housing Authority. They certainly bare at least equal responsibility for inviting the police into and opening the doors of Suites' residents in the case."

Longmont Public Safety Chief Mike Butler speaks to reporters during a news conference to answer questions on Tuesday about the settlement between the city and residents of The Suites in Longmont.
(Matthew Jonas / Staff Photographer)

LHA Executive Director Michael Reis could not be reached Tuesday for comment.

Warrantless searches in May

On May 10, the Longmont Police K-9 unit, at the request of the Longmont Housing Authority, searched up to nine apartments located within The Suites Supportive Housing complex. Butler said he believes the officers' intention was to help people who might be struggling with addiction or mental health issues.

"One of the things that has been of particular concern to our clients is the Longmont Police Department's statement that they were there doing searches in a caretaking function," Wallace said. "Our clients do not see themselves as being caretaking. ... The fact that they live in public housing in no way diminishes their privacy rights."

Then, on June 6, the community learned of a second round of searches planned for June 7. Police subsequently canceled those searches. The city requested an outside investigation.

According to a news release sent Tuesday morning, the city, as part of the settlement, plans to participate in a public forum with the ACLU and the plaintiffs, participate in a restorative process if desired and release the report of the independent investigation conducted by the Weld County Sheriff's Office.

The ACLU said that report likely will be released by Dec. 31.

"What's delaying this is the completion of an internal review that we have ongoing right now," Butler said. "It's not delaying it as much as that's the sequence we're working with. Part of all of this is that the employees, the officers themselves have rights and we want to honor and respect those rights."

The investigation, in summary, concluded in July that procedures used to establish consent during the warrantless searches were not consistent with the police department's standards.

Shortly after, the Longmont Housing Authority's attorney concluded as part of his own investigation that police should have known better than to accompany property managers during warrantless inspections.

Butler said Tuesday that he believes there was misconduct, but nothing illegal. So far, there has been no action against the officers. He said no supervisors knew about the searches at the time they took place.

A five-citizen panel reviewed the case as part of an internal review and recently submitted recommendations to Butler.

"I will review the case from this point forward," he said.

City Manager Harold Dominguez said the $210,000 will come out of the city budget's risk fund, which is funded on an annual basis, and also used for fires and other natural disasters.

The full statement released Tuesday by Longmont police is as follows:

"The Longmont Public Safety Department regrets playing a role in the search of apartments of the residents of The Suites on May 10, 2017. Michael Kealy, Alice Boatner, William Sparling and Christine Herrera did not consent to the police searches of their apartments, nor were they given an opportunity by Longmont Police Services to do so. The Longmont Public Safety Department is working, and will continue to work, to ensure that its Police Officers conduct themselves in keeping with Longmont police policies and the Fourth Amendment. The City of Longmont believes this settlement is in the best interests of all parties and our community, and we want to thank all involved for their participation."

The ACLU, in a separate news release, said the settlement resolves claims against Longmont, but not the Longmont Housing Authority.

The ACLU's statement:

"A settlement without litigation was possible only because of the goodwill and commitment to accountability and improvement that the city of Longmont brought to the process," Wallace said. "It was Longmont Public Safety Chief Mike Butler who first contacted the ACLU and expressed his regret for what occurred and his desire to heal the rift in trust between his department and the community. Since the incident, Chief Butler has re-trained his entire staff on the requirements for lawful searches, emphasizing what constitutes voluntary consent. The city also pushed for a prompt settlement process that avoided litigation and allowed for faster resolution."

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